Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40774 of 2019 Applicant :- Smt. Itwari Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that she has been falsely implicated in this case being mother-in-law '(sas)' of the deceased. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither she ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by her. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. The applicant has categorically stated in paragraph no.9 of the affidavit filed in support of the bail application that she is living separately with her husband. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.05.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Smt. Itwari Devi involved in S.T. No. 445/2019, arising out of Case Crime No. 197 of 2019, under Sections - 498A, 304B I.P.C. and Section - 3/4 D.P. Act, Police Station - Koraon, District - Allahabad be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.9.2019 S Rawat